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CHECK 21 ACT
Federal Reserve Consumer Awareness Disclosure, Substitute Checks and Your Rights, What is a substitute check?
To make check processing faster, federal law permits banks and credit unions to replace original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, NSF check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 44 calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by mail at TBA Credit Union, PO Box 1049, Traverse City, MI 49685, by phone at 231-946-7090, or by emailing us at email@example.com. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
- A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
- A copy of the substitute check or the following information to help us identify the substitute check: the check number, the name of the person to whom you wrote the check, the date the check was written and the amount of the check.
What does this mean for me?
Check clearing time can go from days to hours so you cannot rely on float anymore. To avoid fees make sure the funds are available in your account at the time you write a check.
CHECKING ACCOUNT AGREEMENT
I/we hereby authorize TBA Credit Union to establish this Checking Account for me/us. The Credit Union is authorized to pay checks signed by me (or by any of us) and to charge all such payments against the shares in this Account. It is further agreed that:
- Only checks (and other methods) approved by the Credit Union may be used to make withdrawals from this Account.
- All non-cash payments received in the Account will be credited subject to final payment of such items.
- The Credit Union is under no obligation to pay a check that exceeds the fully paid and collected share balance in this Account. However, the Credit Union may at its discretion, pay such a check. If the Credit Union does pay such a check, it is agreed that the Credit Union shall be immediately reimbursed by one or more of the undersigned, to the extent that such a check exceeds the share balance in this Account. Such reimbursement shall be in cash unless another manner of reimbursement had been authorized below.
- The Credit Union may pay a check on whatever day it is presented for payment, notwithstanding the date (or any other limitation on the time of payment) appearing on the check.
- When paid, checks become the property of the Credit Union and will not be returned either with the periodic statement of this Account or otherwise. Copies of such checks will be provided if requested, and the Credit Union may charge a fee for providing such copies.
- Except for negligence, the Credit Union is not liable for any action it takes regarding the payment or non-payment of a check.
- Any objection respecting any item shown on a periodic statement of this Account is waived unless made in writing to the Credit Union before the end of 60 days after the statement is mailed or delivered electronically.
- This Account is subject to the Credit Union’s right to require advance notice of withdrawal, as provided in the Credit Union’s bylaws.
- This Account is also subject to such other terms and conditions as the Credit Union may establish from time to time. Such other terms and conditions include, without limitations, service charges for stop payment orders, checks returned for insufficient funds, and any other service as designated by the Credit Union. The Credit Union may change the terms and conditions of the Account upon giving a 15-day notice. Notice may be given by U.S. mail to the last know account address, or by email, and/or electronically as reflected in the Credit Union’s records.
- If the Agreement is signed by more than one person, the persons signing on the account shall be the joint owners of this Account which, in that event, shall be subject to the additional terms and conditions printed hereof.
Checking Account Specifics:
Free Checking: There is no minimum balance required or monthly service fee. There is no dividend paid with this account.
Money Market Account: A minimum balance of $2,500 is required to avoid a monthly service fee. If the account balance falls below $2,500 on any given day in the month, the account is subject to a $6 service fee. The dividend rate and APY are subject to change monthly and are paid quarterly. For information on your account, please visit www.tbacu.com.
Business Checking Account**: There are no monthly service fees assessed to this account. Dividends will be calculated daily, compounded and paid monthly. There will be a different rate paid on deposited funds according to the corresponding tier.
Non-Profit Checking Account**: There are no monthly service fees assessed to this account. Dividends will be calculated daily, compounded and paid monthly. There will be a different rate paid on deposited funds according to the corresponding tier.
**Proper documentation is required for opening Business and Non-Profit Accounts.
ELECTRONIC FUNDS TRANSFER NOTICE
TBA Credit Union makes available to members various “electronic fund transfer” services, made possible by our advanced electronic data processing system. We have also provided and will be providing from time to time, plastic transaction cards to our members. Sometimes two or more persons are furnished such cards relating to a single account in the credit union. In this disclosure, we sometimes call these cards “ATM cards or Debit cards”. When a secret personal identification number (called a “PIN”) is provided to a member, the transaction card and PIN can be used in any one of a number of automated teller machines or POS locations, which are part of the electronic fund transfer service network to which we belong. You can make “electronic fund transfers” to, from, or between one or more accounts in the credit union, simply by following the instructions at the machine. Your ATM card and PIN may also be used to purchase goods and services from certain merchants, as described in this disclosure. Another EFT service which we make available is our audio response program in which members can make EFT transactions to or from certain accounts through a touch-tone telephone by use of an “access code.” The access code can be used with a touch-tone telephone to make electronic transfers to, from, or between one or more sub-accounts in the credit union by following the rules and procedures of our audio response program. We also offer pre-authorized EFT services through the Payments Authority. We are able to electronically transfer funds from your account(s) to accounts at other financial institutions or receive funds electronically from other financial institutions for deposit to your account. Because you must authorize such transfers in advance, these are called “pre-authorized transfers.” In addition, the ONLINE BANKING SYSTEM (or “IT’S ME 247”), is provided as a service of the Credit Union to permit access to your account information and, upon request, to allow account transactions as described elsewhere in this disclosure to be conducted. When you sign up for ONLINE BANKING (or IT’S ME 247) you will be issued a secret password to use for this service. This disclosure is furnished to you as a member of TBA Credit Union to meet the requirements of the federal and Michigan statutes relating to “electronic funds transfers,” as well as the requirements of the regulation (REG. E) issued by the Federal Reserve Board pursuant to the federal statute, whether such “electronic fund transfers” are made by the use of an automated teller machine, a cash register that is also an electronic terminal, a touch-tone telephone through our Audio Response service, or in any other matter. This disclosure is a contract. That is, the terms and conditions set out here are binding on you and on us as to the making of such “electronic funds transfers” and the use of the transaction cards, PINs, and passwords in the following cases:
- If you use the account(s) covered by this disclosure after receipt of this agreement.
- If you already have an ATM or Debit Card and PIN, or an ONLINE BANKING SYSTEM password, and use them to make transactions after receipt of this agreement.
- If you ask us to provide you with a PIN or ONLINE BANKING SYSTEM password and you thereafter use it, together with your transaction card, to make such transactions.
- If you receive a transaction card from us without asking for it but then ask us to provide a PIN so that you can use the card, and you do thereafter use the card and PIN to make such transactions.
- If you use an “access code” with a touch-tone telephone to make such transactions after receipt of this agreement.
In any such case, your use of the account(s) or your making of such transactions constitutes your acceptance of the terms and conditions set out in this disclosure. Although your account(s) may be subject to “electronic funds transfer” and in that regard are subject to the terms and conditions of this disclosure, you may continue to use those account(s) to the same extent and in the same manner that you have in the past insofar as “over-the-counter” and other non-electronic transactions are concerned. In this disclosure, “you” and “your” includes the plural in cases where two or more persons have an interest in a single account affected by an “electronic fund transfer” service. “We” or “us” refers to TBA Credit Union.
THE FOLLOWING SECTIONS RELATE TO ALL “ELECTRONIC FUND TRANSFERS” AFFECTING YOUR ACCOUNT(S), WHETHER MADE BY THE USE OF AN AUTOMATED TELLER MACHINE OR OTHERWISE.
1. Accounts Affected: Each of the following types of accounts in the credit union can be subject to some kind of “electronic fund transfer” service:
- Regular Shares
- Money Market Accounts
- Checking Accounts
- Line of Credit Loans
- Club Accounts
These types of accounts are sometimes referred to in this disclosure as “asset account(s)” or simply as your “account(s)”. As is your right, you have previously designated which of your account(s) you want to be subject to any particular type of “electronic fund transfer” service. You may change those instructions in the future, and we will follow your wishes to the extent our “electronic fund transfer” programs permit at that time.
2. Account Agreements: The terms and conditions of the account agreements relating to your accounts with us remain in effect except to the extent modified by this disclosure.
3. Minimum Balance: You must always maintain a minimum of $5.00 in a Regular Share Account to be entitled to make “electronic fund transfers” affecting your account(s). We reserve the right to increase minimum balance requirements or to impose other restrictions in the future, but if we do so, we will give you at least 21 days advance written notice.
4. “Electronic Fund Transfer” Services: At the present time, you can authorize the following types of “electronic fund transfers” to or from your asset account(s) in the credit union:
Transfer TO your account(s) (credits):
- Deposits of payroll deductions from various employers, which have agreed to send such deposits to us (contact us to see if your employer is one of them).
- Direct deposit of various government benefits such as but not limited to: Social Security pension, disability and survivorship payments (and S.S.I. benefits); Railroad Retirement Board benefits; Army, Navy, and Air Force retirement payments; Veterans Administration compensation payments; Air Force and Marine Corps active duty allotments.
- Deposit(s) from any third party through the facilities of Payments Authority and/or the National Automated Clearing House Association (of which we are a member).
- Automated transfers to your account(s) from another person’s account with us.
- Transfers to your account(s) from your other account(s) through our audio response, ONLINE BANKING SYSTEM or Electronic Bill Presentment programs.
Transfer FROM your account(s) (debits):
- Automatic Deduction from your account of premiums for insurance coverage available to our members.
- Payments of your house mortgage payments, insurance payments and utility bills, as well as other types of payments to third parties, through the facilities of the Payments Authority and/or the National Automated Clearing House Association.
- Automatic transfers from your account(s) to another person’s account with us.
- Automatic transfers from your account(s) to make payments on another person’s loan owing to us.
- Transfers from your account(s) to your sub-account(s) with us through our audio response, ONLINE BANKING SYSTEM.
- Withdrawals from your account(s) through our audio response program.
- Withdrawals from your account(s) through our “bill pay” program and ONLINE BANKING SYSTEM.
Automated Teller Machine Transactions:
If you have an ATM/debit card for which we have issued a PIN, you can use it to make any or all of the following transactions at any automated teller machine network which is a part of an electronic funds transfer service network to which we belong as follows (Some transactions listed below may not be available to all networks.):
- Deposits to your Checking Account, Regular Savings Account, Club Accounts, and Money Market Account.
- Cash withdrawals from your Checking Account, Regular Savings Account or Money Market Account.
- Transfers (non-cash) from your Regular Share Account or Money Market Account to your Checking Account or from your Checking Account to your Regular Savings Account or Money Market Account or from your Money Market Account to your Regular Savings or Checking Account.
- Advances from Loan Lines of Credit or Loan Payments to all loans.
- Verify balances in specified Regular Checking or Money Market accounts that you have with us.* (*These are not electronic fund transfers.)
Point of Sale Transactions:
If you have an ATM/Debit card for which we issued you a PIN, you may also use it to purchase goods and services from merchants who have arranged to accept your ATM/Debit card as a means of payment. These merchants are referred to as “participating merchants” and will display a logo or other symbol (Co-op Network for your ATM card or the Visa Logo for your debit card) which identifies them as a merchant who will accept your card. Purchases made with your ATM/Debit card, including purchases where you receive cash back, are referred to as “point of sale” or “POS” transactions or “Debit card” transactions and will cause your regular checking account to be debited for the amount of the purchase. Your savings, checking, VIP checking and your Line of Credit accounts may be used in connection with point of sale/Debit card transactions performed with your ATM/POS/Debit card. You may use your debit card and pin number to perform the same type of transactions that are listed in the EFT disclosure under the section entitled “ATM Transactions”. The restrictions that apply to the Debit card include, but are not limited to:
(1) A maximum of 10 transactions per day (a 24 hour time period), (2) A maximum daily cash withdraw of $200.00 at any ATM machine, (3) Authorizations may remain outstanding for up to 7 business days while waiting for processing. You have previously told us which of these “electronic fund transfer” services you want to use. You can discontinue use of any such service whenever you want to. If you begin using a different “electronic fund transfer” service after receipt of this disclosure, we must be notified of the account(s) to be affected. We may make additional types of “electronic fund transfer” services available in the future; we may also discontinue one or more, or all, of our “electronic fund transfer” services, but if we do that we will give you at least 21 days advance notice in writing.
Electronic Check or Draft Conversion:
A transfer through an automated clearing house when you provide a check to certain merchants or other payees that enables the merchant or other payee to capture the routing, account, and serial numbers to initiate the transfer, whether the check is blank, partially completed, or fully completed and signed; whether the check is presented at POS or is mailed to a merchant or other payee or lockbox and later converted to an electronic fund transfer, or whether the check is retained by the consumer, the merchant or other payee, or the payee’s financial institution. Your authorization to make such types of electronic funds transfers may be expressed in writing or implied, for example, by the posting of a sign.
5. Excluded Transactions: Our data processing system makes it possible to offer you many electronic services. However, some of these services do not constitute “electronic fund transfers” for the purpose of this disclosure, such as, for example, deposits of payroll deduction from certain employers, payment of premiums for individual or family group life insurance by deduction from your account(s) in the Credit Union, automatic transfers from your account(s) to pay your loan(s) owing to us, automatic transfers between your own “asset account(s)” in the Credit Union, and transfers received via Fedwire or through a similar wire transfer system, such as “A2A” Money Transfer System, that is used primarily for transfers between financial institutions or between businesses. The terms and conditions of this Agreement apply only to those services and transfers, which are “electronic fund transfers” as described above; they do not apply to other transactions which, although electronic in nature, do not constitute “electronic fund transfers” described above.
6. Fees for “Electronic Fund Transfers”: Fees for “Electronic Fund Transfers” are disclosed separately in our Schedule of Fees. We reserve the right to change those fees from time to time, as we deem necessary. However, if we do raise our fees for those services, we will provide you with at least 21 days advance notice or as otherwise required by law or regulation, before changing them. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
7. Limitations on “Electronic Fund Transfers”: As to transactions other than those made at an automated teller machine & Debit card transactions, there are at the present time, no limitations as to how often you can make “electronic fund transfers” described in section 4. Nor is there any restriction as to the dollar amount of any one “electronic fund transfer”. We reserve the right to impose any such restriction in the future as we deem reasonable, but we will give you at least 21 days advance written notice before doing so. You understand and agree that you may not use any access device, card, PIN or code for any illegal purpose.
8. Documentation of Transfers: You will get a monthly statement on each account(s) which is accessible through EFT transactions unless there are at the present time no electronic funds transfers in a particular monthly statement period; in any case you will get the statement at least quarterly on all your accounts on which EFT transactions may be performed. You may receive a transaction receipt at the time you perform an EFT transaction at an ATM or when you perform a point of sale or a debit card transaction at a participating merchant. Periodic statements we send you on accounts which are subject to “electronic fund transfers” described in section 4 and transaction receipts issued by ATM, POS, or a Debit card terminal are admissible evidence of the transaction to which they relate. Any discrepancies must be made known within 60 days or statements will be assumed correct. If you arrange to have direct deposit (which are “electronic fund transfers” described in section 4) made to your asset account(s) at least once every 60 days from the same person or company, (1) In most cases, the person or company making the deposit will tell you every time they send the money, but (2) If that person or company does not give you such notice, then you can call us at 1-231-946-7090, (Accounting Department) to find out whether or not the deposit was made.
9. Direct Deposits: If, in connection with a direct deposit plan, we deposit any amount in your account which must later be returned to the originator for any reason, including direct deposits received from the Federal Government, you authorize us to deduct such amount from your account, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of your liability.
10. Provisional Payment Disclosure: Credit given by us to you with respect to an ACH entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
11. Stopping Payment of Transfers From Your Account(s): The following rules apply only to “electronic fund transfers” as described in section 4 of this disclosure. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how: You MUST call 1-231-946-7090, and ask for the Accounting Department or write to us at:
TBA Credit Union PO Box 1049 Traverse City, MI 49685-1049
in time for us to receive your request 3 “business days” or more before the payment is scheduled to be made. If you call, you will be REQUIRED to put your request in writing and get it to us within 14 days after you call. The Stop Payment fee may be found in the Fee Schedule. If the regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set; if so, you must make necessary arrangements with the person you are going to pay. If you order us to stop one of these payments 3 “business days” or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. In section 15 of this disclosure, we will tell you what our business days are.
12. Reversing “Electronic Fund Transfers”: If an “electronic fund transfer” described in section 4 was a payment of $50.00 or more for goods or services, you have the right to require us to reverse such transfer and re-credit your account with the full amount of the transfer if (1) you tell us, within 4 calendar days after the date of transfer, to make such reversal, (2) you notify us that you have made a good faith attempt to resolve your dispute with the third party involved, and (3) you assure us that any returnable goods involved in the dispute will be returned. If you do these things in writing, you MUST send the letter to:
TBA Credit Union PO Box 1049 Traverse City, MI 49685-1049 Attn: Accounting Department
If you phone us, you MUST call 1.231.946.7090, and ask for the Accounting Department. If you tell us orally that you want such a transfer reversed, we will send you a form you can use to confirm your reversal request, your notice of attempted resolution of the dispute, and your assurance to return any returnable goods involved. You are required to get this form back to us properly filled out within 14 calendar days after the date of your oral request for reversal. We reserve the right to impose a reasonable charge for handling such reversal requests and to increase such charges thereafter.
13. Disclosure of Information to Third Parties: In the ordinary course of business, we only disclose information to third parties about your account(s) or the EFTs you make: (1) where it is necessary to verify or complete an EFT transaction, (2) where it is necessary to investigating and resolving errors involving EFT transactions, (3) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, (4) in order to comply with government agency or court orders or any law, or (5) if you give us your permission.
14. In Case of Errors or Questions About Your “Electronic Fund Transfer”: Telephone us at 1-231-946-7090, and ask for the Accounting Department or write to us at: PO Box 1049, Traverse City, MI 49685-1049 as soon as you can, if you think your statement, ATM, Point of Sale, Debit card, Electronic Bill Presentment or Online Banking transaction receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after you receive the FIRST statement on which the problem appeared. (1) Tell us your name and account number, and (2) Describe the error or the transfer you are unsure about, if it is an ATM, Point of Sale, or Debit card transaction and explain as clearly as you can why you believe it is an error or why you need more information; and (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
15. Liability for Failure to Make “Electronic Funds Transfers”: If we do not complete an “electronic fund transfer,” as described in Section 4, to or from your account(s) on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer, as, for example, in cases where payroll deduction is not received promptly.
- If there is not enough money in your account, in excess of amounts you have specifically pledged to us as collateral, to make the transfer.
- If funds in your account are subject to garnishment or other legal process which prevents the making of the transfer.
- If we have, because of default, exercised our rights against the funds in your account pursuant to a pledge of funds you gave us.
- If the transfer would go over the credit limit on your overdraft line.
- If there is not enough money in your account to make the transfer because a deposit(s) made at a Service Center had not yet been posted to your account. Deposits at our Service Centers may not be posted the same day they are made.
- If circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken.
- If the automated teller machine where you are making the transfer does not have enough cash.
- We will also be excused from liability if you fail to observe the terms and conditions of this Agreement, our audio response program or our account Agreements with you, which relates to such “electronic fund transfers.”
16. Preparation or Delivery of Data Input: We will not be responsible to you for any claims, damages, losses, or expenses arising out of the preparation or delivery of data input for electronic fund transfers and credit or debit entries prepared by your employer or other person or company authorized to do so. In all cases, we will be entitled to rely upon the accuracy and correctness of the data input prepared by your employer or other authorized person or company, and we will have no obligation to investigate or determine the accuracy or authorization of this data input or the EFT transactions directed by your employer or other person or company authorized by you to do so.
17. Business Days: Our “business days” are as follows.
Branch Hours: Monday through Friday 9:00 a.m. – 5:00 p.m.
Service Center Hours: Monday through Friday 8:00 a.m. – 6 p.m.
However, our office is closed on New Year’s Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving and Christmas, or any day designated for the observance thereof. Our offices are also closed on Christmas Eve day after 1:00 p.m. We reserve the right to change our “business days,” hours, and the days we are closed and if we do so, we will notify you in advance.
18. Notification of Regulatory Authority: This Agreement and the EFT services provided in the Agreement are governed in part by federal and in part by Michigan law. If you believe that we may have violated the federal Electronic Fund Transfers Act or its implementing regulation, Regulation E, you may contact:
Federal Trade Commission Electronic Fund Transfers Washington, DC 20580
If you believe that we may have violated the Michigan Electronic Funds Transfers Act (Michigan Public Act No. 322 of 1978), you may contact:
State of Michigan Department of Labor and Economic Growth Office of Financial and Insurance Services
P.O. Box 30224 Lansing, Michigan 48909
19. Amendments; Termination: We reserve the right to amend this disclosure in any matter at any time. If we do so, we will give you at least 21 days advance written notice when required to do so by law. We do not have to notify you in advance, however, if the change is necessary to maintain or restore security of the system or any account. We also reserve the right to terminate this disclosure by sending a notice of such termination to your last known address on our records, which notice will be effective when mailed.
20. Location of Machines: The number and location of automatic teller machines is, of course, subject to change at any time. If you have an automatic teller card and PIN, we will keep you informed from time to time of their location.
21. Card Ownership: All transaction cards and PINs and ONLINE BANKING SYSTEM passwords we provide to you are the property of the credit union. If this agreement is terminated, you agree to surrender the card to us.
22. Secrecy of PIN: If we have issued a PIN and ONLINE BANKING SYSTEM password to you, you agree to keep your PIN secret and you also agree that you will not write the PIN on your transaction card or any other item you keep with your card.
23. Limitations on “Electronic Fund Transfers”: There is no limitation on the number or dollar amount of deposit or payment transactions you may make at an automated teller machine in its 24-hour operating cycle. However, to protect against possible losses your transaction card will only allow you to obtain cash from the machines as follows: $200.00 per day as combination of ATM withdrawals and Point of Sale transactions. We reserve the right to change these limitations on use of the machine and we will give you notice of any such changes at least 21 days in advance. You have the right to require us to program our system so that no more than $50.00 cash can be obtained by use of your transaction card during a single day. Please contact us if you want this option.
24. Responsibility for Overdraft: If you obtain cash from an ATM or withdraw via a Point of Sale or Debit card transaction which creates an overdraft in your savings or checking account(s), the overdraft amount is due and payable the moment you get it along with the Overdraft Fee as noted in the Fee Schedule and you agree to pay the full amount of it to us. You also authorize us in such case, to apply from any other savings, checking account or line of credit you may have in the credit union such amount as to be necessary to pay such overdraft amount and service charge.
25. Crediting of Deposits and Payments: Deposits or payments made in automated teller machine, whether in cash, check, or money order, are subject to verification and the posting of such deposits and payments to savings, checking, or loan accounts may be delayed until they can be collected from the machine, verified, and entered into our accounting system. Further delay may occur if the transaction is made on, or immediately prior to a Saturday, Sunday, or holiday in which we are closed. If you place a check, or money order in the machine as a deposit or payment, it is subject to collection in accordance with your account agreement with us. Payments on Line of Credit loans made at Co-op Network machines (if applicable) will be credited promptly, but there may be a delay in crediting such payments as much as 5 days following the date of ATM transaction.
26. Liability for Unauthorized Use: Tell us AT ONCE if you believe your ATM Card, Debit Card, Audio Response PIN, or ONLINE BANKING SYSTEM Password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, you can lose no more than $50.00 if someone used your Card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card and/or code, and we can prove that we could have stopped someone from using your Card or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, including those made by card, password and/or PIN or other means, tell us at once. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your ATM Card, your Debit Card, your Audio Response PIN, or your ONLINE BANKING SYSTEM Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission,
or Write: TBA Credit Union
P.O. Box 1049 Traverse City, MI 49685-1049
27. Special Liability Protection Rules of Visa Debit Card: If you can demonstrate that you exercised reasonable care to safeguard your Visa Debit Card from risk of loss or theft, if you have not reported two or more incidents of unauthorized use to us in the 12 months immediately preceding any report of unauthorized use, and your account is in good standing, you will not be liable for any unauthorized transactions made with your lost or stolen Visa Debit Card, when used for point-of-sale transactions (excluding transactions performed at an ATM). If your card was lost because you failed to use reasonable care to safeguard your card from the risk of loss or theft, or if you have reported two or more incidents of unauthorized use to us in 12 months immediately preceding any report of unauthorized use, or if your account is not in good standing, these special rules do not apply, and your liability for the unauthorized use of your Visa Debit Card is addressed above in the “Consumer Liability” section.
28. Termination of Prior Agreements: Upon your receipt of this Agreement, and your use of any EFT Services following your receipt of this Agreement, this disclosure terminates and takes the place of any earlier TBA Credit Union Disclosures Pursuant to Electronic Fund Transfer Laws previously furnished to you and you agree to the terms and conditions of this Agreement.
29. The effective date of this disclosure (agreement) is 9/25/92. Revised September 2012. Reviewed July 2018.
|Membership/savings related fees:||Fee|
|Account verification request form||$10|
|Cash Transactions >$50,000 Per Month (Business)||.0012 cents for $1 cash transaction or $200, whichever is greater|
|Deposited check returned unpaid||$10|
|Dormant account fee - 24 months of inactivity||$50 per month|
|Membership Fee (over 26)||$10|
|Paper Statement (mailed)||$2|
|Paper Statement Customized (Large Print, Black Bars, Two Columns)||$3|
|Savings balance below $100 minimum||$10|
|Checking Account related fees:|
|Check order (re-order)||Varies by style and quantity|
|Checking Account negative balance fee||$5 per day|
|Overdraft transfer||$3 per transfer on available balance|
|NSF (non-sufficient funds)/ACH (returned) fee||$35 per item on available balance|
|NSF (non-sufficient funds)/ACH (paid) fee||$35 per item on available balance|
|Money Market Account (below minimum balance)||$6 per month|
|Home Equity Annual fee||$25|
|LoanPay Xpress (credit or debit card)||$10 per payment|
|Mortgage loan payoff fax fee||$20|
|Credit/Debit/ATM Card Related Fees:|
|ATM Service Fee at Non-CO-OP Network Machines||$1|
|Rush Card Order (2-day)||$20|
|VISA Credit Card Late Payment||$20|
|VISA Credit Card Payment NSF Check||$10|
|VISA Credit Card Statement Copy||$5|
|VISA Gift Card||$3|
|VISA Travel Money Card||$5|
|A2A setup fee||$5|
|ACH on-demand pending ACH deposit||$5|
|ACH outgoing setup fee||$5|
|Copies||$.15 per page|
|Fax (sent) additional pages||$1 per page|
|Foreign currency purchase||$15 for purchases delivered to branch.
$18 for purchases delivered to member’s home.
$18 for purchases shipped priority.
|Safe Deposit Box Rental fee|
|Safe Deposit Box key replacement||$10|
|Special information request (look-up)||$10|
|Special information request (copies)||$2 per copy|
^Fees are subject to change.
ONLINE BANKING USE AGREEMENT
FUNDS AVAILABILITY NOTICE
Your Ability to Withdraw Funds: This policy statement applies to all accounts. Our policy is to make funds from your deposits available to you on the day we receive your deposit. Electronic deposits will be available on the day we receive the deposit. At that time, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
Longer Delays May Apply: Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you on the same day we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. The first $200 of your deposits, however, may be available the first business day.
If we are not going to make all of the funds from your deposit available on the same day we receive your deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period of time under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5000 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last 6 months.
- There is an emergency, such as a failure of computer or communications equipment.
- We will notify you if we delay your ability to withdraw funds for any of these reasons and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.
Special Rules for New Accounts: If you are a new member, the following special rules will apply during the first 90 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5000 of a day’s total deposits of cashier’s, certified, teller’s, and federal, state, and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be made payable to you. The excess over $5000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5000 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will generally be available on the tenth business day after the day of your deposit. Longer delays may apply.
Deposits at Automatic Teller Machines (ATMs): Funds from any deposits (cash or checks) made at automated teller machines (ATMs) will be available the first business day after the day of deposit if the deposit meets certain conditions.
All ATMs that we own or operate are identified as our machines.
INDIVIDUAL RETIREMENT ACCOUNT SPECIFICS
Traditional IRA/Roth IRA/CESA (Educational IRA: IRA-type accounts are subject to limitations and/or penalties imposed by the Internal Revenue Service. Please see your IRA Agreement and/or your tax advisor for additional information. The maximum contribution allowed annually is determined by IRS regulations. You may not make any withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer, telephone order or instruction, or similar order. The Credit Union reserves the right to require a member intending to make a withdrawal from any IRA account to give written notice of such intent not less than 7 days and up to 60 days prior to such withdrawal.
Health Savings Account: This account type is subject to the limitations and/or penalties imposed by the IRS. Please see your HSA Agreement or consult with your tax advisor for additional information. The maximum annual contribution amount is the standard limit as determined by the IRS. The use of HSA funds in the responsibility of the member. The Credit Union will report all withdrawals from the account, whether by check, ATM, cash or transfer to another Credit Union account of yours, to the IRS as a normal distribution. The member will complete a withdrawal form for all other withdrawals, such as excess contributions. The Credit Union reserves the right to require a member intending to make a withdrawal from their HSA to give written notice of such intent not less than 7 days and up to 60 days prior to such withdrawal.
SEP IRA: This account type is subject to limitations and/or penalties imposed by the IRS. Please see your IRA Agreement or your tax advisor for additional information. The maximum allowable contribution to the SEP IRA is determined by your employer and is limited annually to the lesser of 25% of the employee’s compensation or $50,000 for 2012. You may not make any withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer, telephone order or instruction, or similar order. The Credit Union reserves the right to require a member intending to make a withdrawal from any IRA account to give written notice of such intent not less than 7 days and up to 60 days prior to such withdrawal.
NCUA Account Insurance
We are a community credit union serving people who live, work or worship in our five-county area of Grand Traverse, Kalkaska, Antrim, Benzie, and Leelanau. With the one-time Membership fee of $10 and a minimum balance of $5, you are entitled to the Credit Union’s products and services. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means to you: When you open an account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Minimum Balance Requirements: To be a member and maintain accounts at our credit union, the required minimum balance in the savings account is $5.
Transaction Limitations: The Credit Union reserves the right to require a member intending to make a withdrawal from any account (except a checking account) to give written notice of such intent not less than seven days and up to sixty days before such withdrawal.
Variable Rate Information: The dividend rate and APY (Annual Percentage Yield) may change every dividend period based on the determination of the Credit Union Board of Directors.
Nature of Dividends: Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period.
Compounding and Crediting: Dividends will be compounded quarterly and will be credited quarterly*. If you close the account before the dividends are paid, you will not receive the accrued dividends. For this account type, the dividend period is quarterly; for example, the beginning of the first dividend period of the calendar year is January 1 and the ending date of such dividend period is March 31. All other dividend periods follow this same pattern of dates. The dividend declaration date follows the ending date of a dividend period, and for the example above, is March 31.
*Except for the following accounts:
Christmas Club & Vacation Club: Dividends will be compounded and credited annually on October 31.
Summer Savings: Dividends will be compounded and credited annually on June 30.
Business Checking and Non-Profit Checking: Dividends will be calculated daily, compounded and credited monthly. There will be a different rate paid on deposited funds according to the corresponding tier.
Balance Computation Method: The daily balance method requires the application of a daily periodic rate to the full amount of principal in the account each day.
Accrual on Noncash Deposits: Dividends will begin to accrue on the business day you place noncash items (e.g. checks) into your account.
Dormant Accounts: After 24 months of inactivity on your membership savings account, the account will be considered dormant. We will attempt to contact you at the address we have on file. If contact attempts have failed, your account will be considered dormant and will be subject to the Dormancy Fee of $50 per month.
Educator’s Choice: A unique membership package designed specifically for school employees. Summer Savings Accounts are part of the Educator’s Choice Package. In order to qualify for this type of account, you must be employed by a school or an ISD within our 5-county area or you must be a retired educator receiving a pension.
Money Magic: Designed exclusively for students through age 12.
iTeens: For students ages 13 through 17.
VISA AGREEMENT & DISCLOSURE
THIS IS YOUR AGREEMENT AND DISCLOSURE STATEMENT WITH TBA CREDIT UNION. PLEASE READ IT CAREFULLY AND KEEP IT FOR YOUR RECORDS. IT SUPERSEDES ALL PRIOR AGREEMENTS AND DISCLOSURE STATEMENTS RELATING TO YOUR ACCOUNT. YOU DO NOT HAVE TO SIGN THIS AGREEMENT. YOUR AGREEMENT TO ALL OF THESE PROVISIONS, AS AMENDED FROM TIME TO TIME INCLUDING THE CARD ISSUED BY US, WILL BE SHOWN BY YOUR APPLICATION FOR THE CARD, YOUR ACCEPTANCE OF THE CARD, OR YOUR USE OF THE CARD, WHICHEVER OCCURS FIRST.
- Definitions Used to Understand Your Agreement with Us: In this Agreement, the word “Card” means either one or more VISA credit cards and any duplicates, renewals or substitutions we issue. The words, “you,” “your,” and “yours” mean all cardholders (borrowers and co-borrowers); anyone any cardholder permits to use the Card(s); as well as any authorized user for whom an additional Card(s) is issued to the extent of their purchases and cash advances, as well as transactions by anyone they permit to use the Card(s). The word “cardholder” means any applicant or co-applicant to whom a Card is issued by us. The words “Credit Union,” “we,” “us,” and “our” mean TBA Credit Union.
- Your Pledge of Shares and Security Interest for Your Loan Advances: Your Pledge of Shares and grant of Security Interest is addressed in the Additional Disclosures Required by Federal Law that are included with this Agreement.
- How to Use this Account: You must sign the Card in order to use i You can purchase or lease goods and services (“Purchases”) from any merchant who honors your Card up to your maximum credit limit by presenting your Card and signing a sales slip for the amount of the Purchase. You may also use the Card to obtain cash loans (“Cash Advances”) up to your maximum credit limit from financial institutions that accept the VISA credit card. You agree not to present your Card or obtain a Cash Advance for any extension of credit in excess of your available Credit Limit (the difference between your outstanding balance and your maximum credit limit) on your account. Certain purchases and cash advances require authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. If our system is not working, we may not be able to authorize a transaction, even though you have sufficient credit available. Also, for security reasons, we may block the use of your Card in certain countries or geographic areas. We will have no liability to you or others if any of these events occur.
You authorize us to honor any Purchase or Cash Advance you make by telephone or mail on this account. You agree that a signature is not necessary as identification in such cases. We reserve the right to refuse to honor any request for credit, to reduce your credit limit or terminate your account at any time using our sole discretion, based on changes in the economy, the Credit Union’s financial condition, your creditworthiness or for any other reason not prohibited by law.
- ATM Access: If you have received a personal identification number (PIN), you may use your Card and PIN to obtain Cash Advances at any Automatic Teller Machine (“ATM”) that accepts your Card. Your PIN is confidential and should not be disclosed to anyone. You agree not to write your PIN on your Card, you will not keep your Card and PIN together, and you will not provide your PIN to anyone who is not an authorized user. Except as otherwise provided in this agreement, advances through ATM access will be treated as Cash Advances under this Agreement. Advances at authorized ATMs are limited to a total of $220.00 during any 24-hour period. The total of all cash advances on your VISA Account and any withdrawals from your other accounts through an ATM in any 24-hour period may be combined for the purpose of this limitation. Although we do not charge a fee for this service, others may. Owners of ATMs that we do not own may charge fees in addition to any fees disclosed in this Agreement. This is not a fee charged by your Credit Union; however, any such fee will be added to your account. The party charging the fee is required to provide appropriate disclosures to you with regard to any such fees.
- Your Maximum Credit Limit: We will establish your Maximum Credit Limit and will notify you of that limit in a separate mailing and on your monthly statement. At our discretion, we may change your credit limit at any time, and may provide separate limits for purchases and for cash advances. We will notify you if we do, either by mail or through your monthly billing statement. You may request a change to your credit limit by contacting the Credit Union by telephone mail, email, or through the Credit Union’s web site. Your continued use of the card will show your agreement to any such increase. If you object to an increase in your credit limit, you must notify Credit Union in writing. Upon receipt of such notice, your credit limit will be reduced to its prior limit or the limit requested; however, you will be responsible to pay any amounts by which you have exceeded the reduced limit. You agree to pay any amounts you owe that exceed your maximum credit balance upon demand. You agree we are not obligated to extend to you credit for any amount that would cause your outstanding balance to exceed your Maximum Credit Limit, or for any amount if your outstanding balance already exceeds your Maximum Credit Limit. Any increase in your Maximum Credit Limit requested by you will require you to make a written application for our approval. In assessing your credit limit under the provisions in this Section (either at our discretion or upon request): (a) we may and you authorize us to review your credit history, including consumer credit reports; (b) you authorize us to have this review made by third parties to determine whether you meet the criteria we have set for such an increase; and (c) this process shall not be pre-screening under the Fair Credit Reporting Act or other applicable laws or regulations based on our existing relationship and this Agreement.
Credit balances in excess of $1.00 will be refunded to you three months after collection as provided herein by a credit deposited to your credit union account or by mailing a check to the address to which statements are provided payable to the order of any cardholder. You agree that the Maximum Credit Limit will at no time exceed the agreed upon amount, and that any credit balance will not be available or increase the Maximum Credit Limit available for new purchases or cash advances during any billing cycle.
- Limits for ATM and Over-the-Counter Cash Advances can be determined by contacting the Credit Union’s VISA Department as set forth at the end of this Agreement.
- General Terms Governing Your Payments: You will be jointly and severally liable and promise to pay the Credit Union for all charges (purchases, cash advances, finance charges, and other charges added to your Account under the terms of this or any other agreements with us) extended to you or anyone else using any Card issued for your account, unless the use of such Card is by a person other than you, who does not have actual, implied or apparent authority for such use and from which you receive no benefit. Authority includes, but is not limited to, any authorized users permitting another person to use any Card(s). Further, all users are obligated to us for all charges they make, authorize or permit. The Credit Union can accept late or partial payments without losing any of our rights under this Agreement. You must pay the Credit Union in U.S. dollars drawn on funds on deposit in the United States. If you make payment with other currencies or from an institution domiciled outside the United States, then your payment will not be credited until the funds have been collected by us in U.S. dollars. The Credit Union will determine the method of applying payments and credits to your account, which will in all respect comply with any specific requirements of applicable laws.
Any payment check or other form of payment that you send us for less than the full balance due that is marked “paid in full” or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to the attention of the Credit Card Disputes Department, TBA Credit Union, P.O. Box 1049 Traverse City, MI 49685-1049. We reserve all our rights regarding these payments (e.g. if it is determined that there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you, not cashing it, or destroying it. All other payments that you make should be sent to the appropriate payment address.
Unless otherwise required by specifically applicable laws, for payments made in any other manner, including in person, your account will be credited the business day payment is received.
To protect you and us, the Credit Union, in its sole discretion, may place a temporary freeze on all or part of the credit available to you for new purchases or cash advances under this agreement any time the Credit Union receives a large payment ($500.00 or more), by a method other than cash, certified funds or electronic transfer. In such cases, the Credit Union may freeze your credit line until payment is actually collected by us.
- Minimum Payments: Minimum Payment requirements are discussed in the “Additional Disclosures Required by Federal Law.” We will apply your payments in any manner we choose, at our discretion, except as otherwise provided by law.
- Returns and Adjustments Regarding Your Transaction with Merchants: Merchants and others who honor your Card may give credit for returns or adjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your Account. If your credits and payments exceed what you owe the Credit Union, the amount will be applied against future purchases and cash advances. If the credit balance amount is $1.00 or more, it will be refunded upon your written request or automatically after three months.
- Additional Charges for Transactions in a Foreign Currency: Purchases and cash advances made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. A fee (finance charge), calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash advances and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates. The Foreign Transaction Fee is set forth in the Additional Disclosures Required by Federal Law included with this Agreement.
- Finance Charges: WILL BE IMPOSED IN THE FOLLOWING MANNER AND WILL BE IN AMOUNTS NOT IN EXCESS OF THOSE PERMITTED BY LAW: Your account is subject to a variable rate*. See “Credit Card Account Opening Disclosures”. The ANNUAL ERCENTAGE RATE (APR) will be calculated by adding a margin to the Prime Rate as published in the “Money Rates” section of the Wall Street Journal on the 1st day of January and July of each year. The credit card rates will be changed for your VISA loan on the 1st day of the month following the rate change, and reflect on the following month’s statement according to the Index. Specific margins are defined in the “Credit Card Account Opening Disclosures”.
(a) PURCHASES: (1) No finance charge will be imposed during the next billing cycle (defined as the time interval between regular monthly billing statement dates) if you pay the entire new balance shown on the current periodic statement and we receive your payment on or before the payment due date shown on the statement. (2) In all other cases, a finance charge will be imposed based on the average daily balance of all purchases and debit adjustments, hereafter referred to as purchases. The average daily balance is the sum of all outstanding purchases, which is determined by including new purchases and deducting payments or credits and excluding any unpaid finance charge for your Account on each day of the billing cycle divided by the number of days in the billing cycle. A purchase appearing on the periodic statement is considered a part of the outstanding balance from the date of posting. (3) The amount of the finance charge is calculated by multiplying the average daily balance for purchases by the monthly periodic rate. The monthly periodic rate is the yearly interest rate divided by 12.
(b) CASH ADVANCES: (1) Finance charges accrue on all cash advance amounts from the date charged to your Account and continue so long as such amounts remain outstanding. (2) A finance charge will be imposed on the average daily balance of cash advances, which is the sum of the cash advances (determined by including new cash advances and deducting any payments or credits and excluding any unpaid finance charge) outstanding each day during the billing cycle, divided by the number of days in the billing cycle. A cash advance appearing on the periodic statement is considered a part of the outstanding balance from the date of posting. (3) The amount of finance charge is calculated by multiplying the average daily balance for cash advances by the monthly periodic rate.
- “Promotional Rate” Finance Charges: From time to time and in our sole discretion we may offer a special rate applicable to certain transactions such as particular purchases (as defined by us), balance transfers, cash advances or purchases. Applicable terms and conditions will be disclosed at the time any such promotion is offered, and are incorporated into this Agreement by reference. The promotional rate will apply only to the transactions and for the period of time set forth in any such offer from us. Existing balances and new purchases or advances not expressly subject to any such promotion will remain governed by the terms and conditions of this Agreement. In addition, the terms and conditions of this Agreement will govern your obligations regarding any unpaid balance or transactions that are made subject to any such promotional offer, that are not fully paid within the time period set forth in such promotional offer.
- Interest Rate Adjustment (Default Rate) The Credit Union will adjust the interest rate on your account whenever your account is 60 days past due. We will change your interest rate to a fixed ANNUAL PERCENTAGE RATE of 10 basis points higher than your current annual percentage rate which is a monthly periodic range of 1.554% to 2.346%, on the first day of the billing cycle following the cycle that was 60 days past due. After six (6) consecutive billing cycles of your account being paid pursuant to the terms of your agreements with the Credit Union, we will change the interest rate to the rate that is then applicable to your account, which will become effective on the first day of the billing cycle following the sixth consecutive billing cycle.
- Monthly Statement. We will send you a monthly billing statement whenever there is activity on your account. Your monthly statement will show an itemized list of current charges (Purchases and Cash Advances) to your account, your new balance, any Finance Charges, the minimum payment due, and the payment due date. In addition, it will show your current credit limit, payments, and credits, a summary showing your Purchases and Cash Advances, the merchant, electronic terminal or financial institution at which transactions were made, as well as other information concerning your account. Sales, Cash Advance, credit or other slips cannot be returned with any statement. You will retain a copy of such slip furnished at the time of the transaction in order to verify your monthly statement. E-Statements: If provided electronically, you will be sent a notice via e-mail that will direct you to a site we maintain or cause to be maintained where you may access, review, print and otherwise copy / download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any owner.
- Additional Benefits/Card Enhancements: The Credit Union may from time to time offer additional services to your Account, such as travel accident insurance, purchase rewards or rebates at no additional cost to you. You understand that the Credit Union is not obligated to continue or to offer such services and may withdraw or change them at any time. If these benefits are withdrawn prior to any accrued use by you, the Credit Union will have no obligation to provide the benefit or enhancement, or any other compensation or consideration.
- Merchant Disputes: The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your Card except as set forth in the Special Rules for Credit Card Purchases set forth at the end of this Agreement.
- Skip Payment Option: At our option, we may offer you the opportunity to make (“skip”) a minimum payment during certain designated billing cycles (“skip payment period”) for a fee. If you do not make your minimum payments as provided in this Agreement, during such designated billing cycles, you understand that we will continue to apply finance charges to your account. Beginning with the billing cycle following an allowed skip payment period, all other provisions of this Agreement will apply. We have no obligation to accept your application for any skip payment period offered, and you authorize us to investigate your creditworthiness including obtaining consumer credit reports.
- Late Payment Fee. If your minimum payment is not received within ten (10) days of your payment due date, the Credit Union will charge your account a late payment fee, as provided in the Additional Disclosures Required by Federal Law included with this Agreement.
- Returned Payment or Insufficient Funds Fee. We will charge your account a returned payment or insufficient funds fee as provided in the Additional Disclosures Required by Federal Law included with this Agreement if your payment by any method, including check, electronic transfer, home banking transaction or otherwise, is not honored, collected by us, or if we must return it to you because it cannot be processed for any reason. This fee will be added to your account balance.
- Charge for Statement Copies, Research and Card Replacement: Credit Union will charge a fee of as provided in the Additional Disclosures Required by Federal Law included with this Agreement per monthly statement copy requested. However, no charge will be imposed in connection with any actual or asserted billing error. We will charge a fee as provided in the Additional Disclosures Required by Federal Law included with this Agreement to replace a lost card.
- Your Responsibility and Liability for Unauthorized Use and Lost or Stolen Cards: If your Card is lost or stolen, or if you are afraid someone used or may use them without your permission, you must notify the Credit Union at once by calling 1-800-600-5249. If notice is given orally, you will promptly confirm it in writing. The Credit Union may require you to provide us certain information in writing to help us investigate any unauthorized use. Further, you agree to cooperate and assist us or any government or law enforcement agent or agency in investigating, collecting or pursuing any other rights (civil and criminal) relating to any unauthorized use. In this regard, you agree to file an appropriate police report when asked to do so. Do not use the Card after you have notified the Credit Union, even if you find them or have them returned to you.
You are liable for all transactions that you authorize. No Liability: You will have no liability for unauthorized use of your Card, or other Access Devices for non-ATM transactions made over the VISA Network if the following conditions are met: (1) You have not been grossly negligent; and (2) You have not committed, participated in or conspired to commit any fraudulent act or scheme involving the use of your VISA credit card account. Limited Liability: For transactions on other networks or ATM transactions, you may be liable for unauthorized transactions using your Card or other Access Devices that occur before we are notified. However, your liability for unauthorized use on networks other than VISA will not exceed $50.00. In any case, you will not be liable for any unauthorized use after notifying us of the loss, theft or unauthorized use of your Card, Convenience Checks or other Access Devices. See “Your Billing Rights Statement” for information about contacting us to report a lost or stolen card.
- Our Liability for Failure to Complete Transactions: If we do not complete a transaction pursuant to any request, and/or in the correct amount, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
if through no fault of ours, you do not have adequate funds available on your Card to complete the transfer; if circumstances beyond our control (such as fire, flood, terrorist attack, national emergency, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions we have taken; if access to your Card has been blocked after you reported your Card lost or stolen;
if there is a hold on your Card for any reason;
if your funds are subject to legal process or other encumbrance restricting their use;
if your transfer authorization terminates by operation of law;
if a computer system or mobile device was not working properly and you knew about the problem when you initiated the transaction;
if we have reason to believe that the requested transaction is not authorized; or as otherwise provided in this Agreement.
- What the Credit Union may do if You do not meet You Obligations under this Agreement (“Default”): You will be in default if: (a) you fail to pay the Minimum Payment Due by the Payment Due Date; (b) the Credit Union, in its sole discretion, feels insecure (For example: if we have a good faith belief that your ability to pay your account is impaired; use of your account in any manner or in any way that may expose the Credit Union to a risk of loss; etc.); (c) your ability to repay is materially reduced by a change in your employment, by an increase in your obligations, by bankruptcy or insolvency proceedings involving you, by your death, or (for community property state residents only) by a change in marital status or domicile; (d) you exceed your credit limit without our permission; (e) you have made a false or misleading statement to us in your application or otherwise; (f) you are in default under any other agreement with us; (g) if you use or authorize the use of any Card(s) to make or facilitate any illegal transaction; or (h) you fail to perform any of your other obligations under the terms of this Agreement as it may be amended from time to time. Upon default we may close your Account to future purchases and advances and, to the extent not prohibited by Governing Law, demand immediate payment of your entire Account balance, after giving you any notice and opportunity to cure the default if required by applicable law. The Credit Union’s sole obligation hereunder with regard to determining and declaring an event of default is the exercise of “good faith,” based on its subjective understanding of applicable facts. We shall also have the right to close your account and terminate access privileges where your account is inactive for such periods of time as we may from time-to-time determine to be appropriate for protecting both our and your interests.
- When You may be Responsible for Legal and Other Costs: You agree to pay all costs incurred by the Credit Union in collecting any amounts you owe or in enforcing or protecting the Credit Union’s rights under this Agreement, including attorneys’ fees, and also those costs, expenses and attorneys’ fees incurred in any appellate, bankruptcy and post-judgment proceedings, except as limited or prohibited by applicable law.
- Updating and Disclosing Financial Information: We may report your performance under this Agreement to credit reporting agencies and secure follow-up credit reports on you for any legitimate business reason, including if you fail to make your minimum payments on time. We can reinvestigate and reevaluate any information you provide on your VISA Application at any time, and in the course of doing so, we may ask you to provide additional information, request credit bureau reports and/or otherwise verify your current credit standing. Access to Account Information: You agree that all borrowers and authorized users will have access to information regarding transactions on your account, including but not limited to purchases and cash advances, account balances, account history, payments and other information relating to or arising with regard to this account or any transaction.
- Change of Name, Address or Employment. You will notify immediately the Credit Union in writing if your name, home address, or employment changes.
- Correcting the Credit Union’s Credit Report: If you think the Credit Union reported erroneous information about you to a credit reporting agency, call the Credit Union at the telephone number listed on your monthly billing statement. Credit Union will promptly investigate the matter. Credit Union will contact each credit reporting agency whose records may reflect an error. Credit Union will require them to correct your report if its investigation decides that you were correct. If Credit Union disagrees with you after the investigation, Credit Union will advise you, in writing or by phone, and instruct you how to submit to those agencies a statement of your position that will become a part of your credit record with them. The instructions will include the name, address, and phone number of each such agency, along with other pertinent information.
- When Your Account may be Closed and Effects of Account Closing: Any individual cardholder without the consent of other cardholders may close your Account at any time by notifying us in writing as indicated in this Agreement. Credit Union may close your account or suspend your Card privileges at any time without prior notice. Credit Union may also reissue a different Card at any time. You must return the Card to the Credit Union upon request. You agree that the Card remains the property of Credit Union. Each Card we issue will have an expiration date. Upon expiration of your Card, your account will automatically terminate; or the Credit Union, in its sole discretion, may extend your Agreement and issue a new card with a new expiration date. If your account is closed, expires or your credit privileges are terminated or suspended, you will remain responsible for paying all amounts you owe us according to the terms of this Agreement. Without limiting the foregoing, the Credit Union has the right to terminate your line of credit or any part of the services provided pursuant to this Agreement and to demand the return of all cards and other access devices if the Credit Union, in its sole discretion, feels that it is insecure for any reason whatsoever; including but not limited to mismanagement of your account, failing to safeguard any access device, creation of any credit balances by you that may increase the risk of loss or exposure of the Credit Union or failing to cooperate with the Credit Union or others with regard to any claim of unauthorized use or any other defense to payment under applicable law.
- Changing This Agreement: The Credit Union may change the terms of this Agreement, including the Annual Percentage Rate, at any time. Except where limited by applicable law, the new terms, including, but not limited to, increasing the finance charge or the way the Credit Union calculates finance charges, late charges, and the minimum payment due, will apply both to new purchases and cash advances and to the existing outstanding balance of your account as of the day of the change. In accordance with applicable law, the Credit Union will notify you of any increased charge or change by writing to you at the most recent address shown for you on the Credit Union’s records.
A TBACU cardholder with an existing VISA balance BEFORE conversion to the variable rate will not have a change in terms increasing the interest rate, except in the case of a penalty rate being enforced. This Agreement will only apply to new purchases, cash advances, and balance transfers for cardholders after conversion to the variable ANNUAL PERCENTAGE RATE.
- The Effect of any Delay in Enforcement or Waiver: The Credit Union may delay or waive enforcement of any of the provisions of this Agreement, including any agreement to make timely payments, without losing its right to enforce the same provision later or any other provisions of this Agreement. You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. You also waive any applicable statute of limitations to the full extent permitted by law and any right you may otherwise have to require the Credit Union to proceed against any person before suing you to collect. You understand that the Credit Union will not be liable for a merchant’s or other parties’ refusal to honor your Card whether due to an error by the Credit Union, the merchant, the Credit Union’s authorized agent, or other third party.
- Additional Terms of Agreement: To the extent not prohibited by applicable law, the terms, interpretation and enforcement of any claim or dispute arising under this Agreement, as well as all parties’ rights and duties, will be governed by Michigan State law regardless where you may reside or use your account. Further, this Agreement is the contract which governs all transactions on your Account even though sales, cash advances, credit or other slips may contain different terms.
You may not transfer or assign your account or Card to any other person. The Credit Union may assign or transfer this Account, your Account balance, or this Agreement to another person, who will have all of our rights hereunder. This Agreement is binding on your heirs and legal representatives. If there are joint obligors or authorized users for this credit plan, each of you will have the right to use the Account to obtain loans pursuant to the terms hereof. Any one obligor’s elections, transactions and directions to the Credit Union shall be binding upon all obligors. Each of you will be liable for all obligations owing on the Account whether borrowed by you or otherwise and whether within or beyond the credit limit. Your liability will be joint and several. Either party has the right to cancel this Agreement. Further each of you is responsible for all amounts borrowed by any authorized user(s). Authorized users and other users may also be required to repay the amount owed for charges they make; however, you remain, at all times, primarily responsible for all amounts owed. All Cards, billing statements and notices will be mailed or delivered to the address given on the application for either applicant unless you direct otherwise in writing. If any law or judicial ruling makes any part, provision, sentence or section of this Agreement unenforceable, the remainder will continue in full force and effect.
You agree that any lawsuit based on a cause of action against us must be filed within one year from the date it arises, or you shall be barred from filing any lawsuit. This limitation includes tort, contract and all other causes of action for which you and we may lawfully contract to limit.
- Compliance with Applicable Laws and Prohibition of Illegal Transactions: You warrant and agree that you will at all times comply with all Applicable Laws; and that your card and services are at all times subject to Applicable Laws. Further, you agree and warrant that your Credit Card, other access device or any related account will not be used to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this Agreement. Certain federal and/or state laws or Card Service Providers’ Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as charges incurred at a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union’s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.
- Scorecard Rewards. Additional rules for your Scorecard Rewards Program have been provided separately.
This Notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
TBA Credit Union
P.O. Box 1049
Traverse City MI 49685-1049
In your letter, give us the following information:
- Account information: Your name and account number.
- Dollar Amount: The dollar amount of the suspected error.
- Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
- Within 60 days after the error appeared on your statement.
- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. If you call us, we are not required to investigate any potential errors and you may be required to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
- Within 30 days after receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
- Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If we do not believe there was a mistake: You will have to pay the amount in questions, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount in question, even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
TBACU VISA Department:
P.O. Box 1049
Traverse City MI 49685-1049
Toll Free 1-800-678-0987
To Report a Lost or Stolen Card
Call: 1-800-678-0987 or 231-946-7090
After Hours: 1-800-543-5073
If you feel that you need Counseling or Debt Management services, please contact Consumer Credit Counseling Service toll free at 1-800-251-2227 or visit them on the web at www.cccsinc.org. You may also visit www.frbatlanta.org for a list of Counseling and Debt Management Services.